Arbitration

Arbitration is a process where parties (e.g. the claimant and defendant) agree to have a dispute resolved by an impartial person (the arbitrator) rather than by a judge in court.

Arbitration is a form of Alternative Dispute Resolution (ADR) in which a neutral third-party (the arbitrator) makes a binding decision in a dispute, based on evidence and arguments presented by the parties.

In the context of a personal injury claim, arbitration can be a useful tool for resolving disputes between claimants and defendants without the need to go to trial. It allows the parties to present their evidence and arguments in a more informal setting, and the arbitrator will make a decision based on the facts of the case.

The decision of the arbitrator is binding, meaning that both parties must abide by it.

The arbitration process typically includes the following steps:

  • Appointment of an arbitrator
  • Pre-hearing preparations, including the exchange of documents and evidence
  • The hearing, where both parties present their case
  • Decision of the arbitrator

Arbitration can be used as an alternative to the traditional litigation process, and it can be a more efficient and cost-effective way to resolve disputes.

As the claimants, it's important to be aware that if you choose to engage in arbitration, it can have a significant impact on your legal rights and remedies, including your right to go to court, the arbitrator decision is binding, and it's usually harder to appeal.

You should consider the pros and cons of arbitration before deciding whether to participate in it. Speaking to a personal injury solicitor before starting a claim is usually the best initial course of action.

See also:

How often do injury claims go to court and what if they do?

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Chris Salmon, Director

Author:
Chris Salmon, Director